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Defence Commercial Power Project Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 23 November 2020
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

Pine Gap

State/Country:Northern Territory, Australia
The Extract from the Register of Indigenous Land Use Agreements describes the area covered by this agreement as approximately 1 sq km located about 18 km south west of Alice Springs. This is a 100 m wide corridor from Brewer Estate to the Pine Gap defence facility, traversing under the Stuart Highway in a northwesterly direction. For details of the area see Schedules 1 and 2 of the ILUA, attached below under documents. The area is within the jurisdiction of the MacDonnell Region Council.
Legal Status:

Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 November 2020. This is an authorised area agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal file no.: DI2020/003
Subject Matter:Defence | Housing, Construction and Infrastructure | Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=DI2020/003
Summary Information:

The Defence Commercial Power Project Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between the Commonwealth of Australia acting through the Department of Defence and the Central Land Council.

The purpose of the ILUA is to provide the Central Land Council's consent to the development, maintenance and further development of the Powerline Project to Pine Gap.

The Native Title Representative Body for this area is the Central Land Council.

Detailed Information:

Commencement and Termination

The ILUA commences from the date when signed by both parties, which is unspeified in the Extract, and operates for the duration of the Powerline Project. It has effect as an ILUA and in relation to the agreed future acts from the date of registration, 23 November 2021.

Native Title Provisions

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) are not intended to apply to the agreed future acts.

Extinguishment

Any acts agreed to under this ILUA which are inconsistent with native title will not extinguish the native title rights and interests. Instead, under s 24EB(3) Native Title Act 1993 (Cth) those rights and interests will revive when the acts are finished.

Future act provisions

The parties agree to:

  • any government agency granting any rights that are needed to carry out the Powerline Project in the ILUA area;
  • the doing of all activities necessary in relation to the development, construction, maintenance and further development of the Powerline Project, including the Powerline, a substation, laydown areas, temporary constuction huts and access roads; and
  • the validation of any of the above acts that are done prior to this ILLUA being registered, and are inconsistent with the native title in the iLUA area.

Related Entries

Organisation
  • National Native Title Tribunal
  • Central Land Council - Signatory
  • Department of Defence - Signatory
  • MacDonnell Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

  • Documents

    Document
    National Native Title Extract from the Register of Indigenous Land Use Agreements for DI2020/003 as at 23/11/202 (Defence Commercial Power Project ILUA) - ( PDF | PDF | PDF)

    Glossary

    Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Aboriginal and Torres Strait Islander (Australia)

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